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(영문) 수원지방법원 평택지원 2013.05.23 2013고단238
폭력행위등처벌에관한법률위반(공동주거침입)등
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1. Defendant A shall be punished by imprisonment with prison labor for one year;

2. Defendant B’s imprisonment with prison labor for a maximum of one year and eight short-term months.

Reasons

Punishment of the crime

[2013 Highest 238]

1. On February 16, 2013, the Defendants violated the Punishment of Violences, etc. Act (joint residence intrusion) removed the boiler window of the boiler room under the above 102, which Defendant A left as a corridor for the purpose of theft of property when they came to the residence of the victim E, Pyeongtaek-si, 101 Dong 102, and 102, and Defendant B went to the inside of the above 102, by opening a gate and opening the gate.

Accordingly, the Defendants jointly intruded upon the victim’s residence.

2. The Defendants of special larceny jointly infringed upon the victim E’s residence at the same date, time, and place as the above 1.3 billion won, and stolen the victim’s swine storage machines owned by the victim and one cash 1,000 won in the small location of the store.

3. On February 18, 2013, the Defendants violated the Punishment of Violences, etc. Act (joint residence intrusion) opened a liver door through the main window on the 302th floor, which Defendant A opened with the main window on the 302th floor, and Defendant B went to the said 302.

Accordingly, the Defendants jointly intruded upon the victim’s residence.

4. The Defendants, in collaboration, did not commit any attempted larceny, by breaking the victim’s residence at the same time and at the same place as the above 3.3. Paragraph (3) above, and then exposing stolen property to the victim’s G, who was diving at the small location, was caught by the victim, and attempted to flee.

[2013 Highest 416]

5. At around 16:10 on February 24, 2013, Defendant B stolen one of the LG smartphones worth KRW 600,000, a victim’s market value, which is one of the victim’s possession, at the 21st floor of Pyeongtaek-dong 610 Pyeongtaek-dong, Pyeongtaek-dong 610 Pyeongtaek-dong Library 21.

Summary of Evidence

[2013 Highest 238]

1. Defendants’ each.

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